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2. Documents presently in the disclosing party’s control which that party objects
to being inspected.
3. Documents that have been in the disclosing party’s control but are no longer
the list will give each document a reference number, will specify its date and will
give a concise description.
Not everything that is revealed to the CPS will be disclosed to the defence.
Generally, a Prosecutor’s duty to disclose unused material to the defence is
triggered by: A not guilty plea in the magistrates’ court, or: -
• A committal, i.e. the service of evidence in an indictable only case sent to the
Crown Court under section 51(1) Crime and Disorder Act 1998 or on transfer of
a case for trial to the Crown Court.
A person making a false disclosure statement without an honest belief in its truth
faces the prospect of contempt of court proceedings. Therefore, it is important
that the duty of disclosure is fully understood and complied with.
1.14.4
The duty of disclosure continues as long as proceedings remain, whether at first
instance or on appeal.
1.14.5
All of the unused material is revealed to the prosecutor by way of schedules on
forms MG6B, C, D, and E
There is an agreement between the CPS and ACPO that crime reports and
incident logs will be revealed to the CPS as a matter of routine.
Information must be recorded at the time it is obtained / seized, or as soon as is
practicable after that, material must be recorded in a durable or retrievable form.
If it is not practicable to retain the original record, e.g. because it forms part of a
larger record which is to be destroyed, the information must be transferred
accurately to a durable and easily retrievable form. Photocopies are acceptable.
Details of relevant phone calls concerning a case must also be recorded.
Continuing Duty: -
The duty of disclosure continues until the proceedings are concluded. If after
serving its list a party becomes aware of further documents that should have been
disclosed, it must notify the opposing party by preparing and serving a
supplemental list of those documents.
Disclosure Forms: -
1.14.8
There are four different types of disclosure forms as follows: -
454,
1. MG6B – This gives details of the discipline record and convictions (if any)
of any police officer/member of police staff that is involved in the case. It
also includes Penalty Notices for disorder. If no officer/member of police
staff has a disciplinary consideration (or conviction) there is no need to put
the form on the file, an entry on the MG6 to this effect will suffice. This form
can also be used to declare the convictions/disciplinary matters of employees
of other investigative agencies on behalf of whom the CPS prosecutes e.g.
UK Border Agency.
2. MG6C – The schedule of relevant non-sensitive material will be disclosed to
the defence and any material described on it may also be disclosed to the
defence on instruction from the CPS. Material that must be listed on the
schedule covers all relevant unused non-sensitive material recorded, retained